Thursday, September 02, 2010
Another sample will and last testament of a non muslim
This document is a sample of a will that I had drafted for a friend a long time ago. I am no longer in legal practice and this document is provided due to requests made by my non-muslim friends. I hope you find it useful as a guide only. Please see a qualified practicing legal practitioner for proper legal advise. This is their bread and butter and if you ask me, I believe that whatever charges for their services are fully justified. This posting is for charitable purposes only. I shall assume no responsibility for any losses should you rely on this document and would not be able to answer your queries. Please leave a thank you note should you find it useful.
LAST WILL AND TESTAMENT OF XYZ
I, XYZ (NRIC No. ) of full age and residing at [ …………………] do hereby solemnly state as follows:-
1. I hereby revoke all former testamentary dispositions made by me.
2. I appoint my husband ABC (NRIC No. )of No [ ] (hereinafter referred to as "my Trustee" which expression shall include the trustee for the time being) to be the Executor and Trustee of this my will.
3. In the event that the said ABC shall die during my lifetime or shall renounce probate or refuse or be unable to act in the office of executor or trustee, then I appoint DEF (NRIC No. ) of No. [ address ] as the Executor and Trustee of my will.
4. I give my freehold property held under Title No [… insert details of the property as per the Issue Document of Title ….]("my said property") to my Trustee upon trust to sell the same and to hold the net proceeds of sale with power to postpone such sale at my Trustee's discretion and to hold the net proceeds of sale and profits (if any) until sale in trust for my children [ Baby 1] Birth Date: 30-11-2001), [ Baby 2] (Birth Date: 6-7-2003), [Baby 3 ] (Birth Date: 27-1-2006) and [Baby 4] (Birth Date: 3-1-2009) absolutely and in equal shares.
5. I give the rest and residue of my real and personal property whatsoever and wheresoever situate ("my residuary estate") to my trustee upon trust to sell call in and convert the same into money with power to postpone such sale calling in and conversion for so long as he shall in his absolute discretion think fit without being liable for loss.
6. My trustee shall out of the monies to arise from the sale calling in and conversion of or forming part of my estate pay my debts funeral and testamentary expenses and all estate duty payable in respect of my estate and shall invest the residue of such monies in any investments of nature hereby authorised with the power from time to time to vary investments for others of an authorised nature and shall stand possessed of such investments and of all parts of my estate for the time being remaining unsold and any ready money (hereinafter called "my residuary estate") upon trusts hereinafter declared concerning the same.
7. My trustee shall hold my residuary estate as to both capital and income upon trust for my said children living at my death in equal shares.
8. If any child or children of mine shall die in my lifetime or after my death but before obtaining a vested interest leaving issue who attain the age of eighteen years such issue shall take by substitution and if more than one in equal shares per stirpes the share of my residuary estate which such deceased child of mine would have taken if he or she had survived me and attained a vested interest but so that no issue shall take whose parent is alive and so capable of taking.
9. In the event that my children shall attain the age of eighteen years at the date of my death, my Trustee shall immediately after payment of all my debts funeral and testamentary expenses and any estate duty payable distribute my estate to my children in equal shares absolutely.
SIGNED by the abovenamed )
XYZ as her last )
will in the presence of us )
present at the same time )
who at her request and in )
her presence of each other )
have hereunto subscribed our )
names as witnesses. )............................
Note : On the meaning of per stirpes, please see http://en.wikipedia.org/wiki/Per_stirpes